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Minutes 08-12-03 MEETING MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 12, 2003 AT 6:30 P.M. Present Larry Finkelstein, Chairman Alexander DeMarco Don Fenton Charles Fisher Michelle Hoyland Henderson Tillman Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Absent Jeanne Heavilin I. Call to Order Chair Finkelstein called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda A discussion ensued about item F under New Business, the payment to Anderson & Carr. The amount of Anderson & Carr's invoice exceeds the guidelines for single source purchases, as outlined in the purchasing procedures of the CRA. Authorization is required from the Board to effect payment. Mr. Tillman felt this represented micromanagement and that the dollar amount of the CRA Director's discretionary authorization should be increased. He did not believe it should be necessary to bring this kind of item before the Board. Chair Finkelstein stated that the purchasing guidelines could be revised. An item was added under X. Other Items, A) Discussion on Purchasing Policies and Procedures. B. Adoption of Agenda The agenda was approved as amended. IV. Consent Agenda A. Approval of Minutes - July 8, July 17, and July 24, 2003 B. Financial Report Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 C. Proposed Language Changes for the Procurement Manual (removed) D. Proposed Language Changes for the Human Resources Manual Item C on the Consent Agenda, Proposed Language for the Procurement Manual, was removed and put in X., Other Items, as item B. Motion Mr. Tillman moved to accept the agenda as amended. Ms. Hoyland seconded the motion that carried unanimously. V. Public Audience Chair Finkelstein opened the Public Audience portion of the meeting. No one wished to speak so the Public Audience was closed. Attorney Payne administered the oath to all persons who would be testifying in the Public Hearing. VI. Public Hearing Old Business New Site Plan A. 1. Project: Agent: Owner: Location Description: A Paving Lady NWSP 03-008 Thomas Potter Janice M. Riley-Potter 1000 W. Industrial Avenue Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 industrial zoning district. Motion Ms. Hoyland moved to remove this item from the table. Mr. Fisher seconded the motion that passed unanimously. Eric Johnson, Planner, stated that the item had been tabled the previous month since the Board was unhappy with the appearance of the building. The applicant proposed some improvements in an attempt to make the building more aesthetically pleasing. Mr. Johnson distributed revised elevations to the Board. Mr. Johnson apologized that the Board had not received them earlier. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 The applicantl agent, Thomas Potter, stated that they had added glazed ceramic tile accents on all elevations, a raised stucco band to separate the darker and lighter colors, arches on the windows, and two coral columns. They also added molding all around. Chair Finkelstein confirmed with Mr. Potter that the applicant was in agreement with all the Conditions of Approval. Chair Finkelstein opened the Public Audience but closed it when no one wished to speak. The Board was generally pleased with the changes made by the applicant and expressed appreciation for their response to the Board's request. Ms. Hoyland asked that: 1) the plans be changed to indicate that the "future" warehouse building was instead "proposed", 2) that the dumpster gates be made of wood instead of chain link, 3) that the banding be consistent throughout at six inches, and 4) that the applicant consider putting a physical barrier in the drive aisle between the aisle and the sidewalk, for reasons of safety. The applicant responded that the drive aisle and sidewalk configuration was the same as at the Vermeer building, which the Board had approved previously. Ms. Hoyland wished to go on record as objecting to having the sidewalk in the drive aisle. Mr. Tillman asked the applicant if any of these suggestions were cost prohibitive. Mr. Potter stated that everything involved spending more money but they had decided to go along with it, in light of the current architectural trend in the area. Mr. DeMarco confirmed that the applicant had used an architect to help with the suggested improvements. Mr. DeMarco stated that the plan was much better than the one presented previously but that he still preferred lighter colors. Motion Ms. Hoyland moved to approve The Paving Lady Site Plan NWSP 03-008 subject to the conditions noted in the Staff Report as Exhibit "c" and including the following three added conditions: 1) that wood gates with steel framing be used for the dumpster enclosure, 2) that six inch wide banding be utilized around all windows on both buildings, 3) that the notation on the one-story warehouse building referring to "future" be revised to indicate "proposed." Mr. Fisher seconded the motion. Mr. Fisher asked staff if the recommendation regarding the dumpster gate would be compatible with the City Code. Mr. Ducoste-Amedee replied that the recommendation would not present a problem. The motion passed unanimously. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 Old Business Site Plan Time Extension B. 1. Project: First Baptist Church (SPTE 002) Carl A. Casio, P.A. First Baptist Church 301 N. Seacrest Boulevard Request for a one (1) year time extension for major site plan modification approval granted on May 5, 2002, to May 5, 2004. Agent: Owner: Location: Description: Eric Johnson, Planner, reported that on May 21, 2002, the City Commission had approved a major site plan modification to construct a 31,192 square foot addition to the church. The applicant has not yet obtained a permit in the one year following the approval as required, and is asking for an extension of an additional year. Since the applicant has shown good faith in working through the permitting process, and since the traffic concurrency is still current, staff recommended approval of the extension. Carl Casio, P.A., agent for the owner, explained that the project had been delayed because of an issue regarding an abandonment that was accomplished but never recorded in the publiC records. The abandonment is along N.W. 34th Court. Also, a lot has to be conveyed by the City and City Attorney Cherof is working on that. When these two issues are resolved, they will be ready to move forward. The construction loan has been approved. Chair Finkelstein opened the Public Audience but closed it when no one wished to speak. Ms. Hoyland thought that the condition pertaining to traffic concurrency was too vague. Mr. Johnson said that if buildout took place after 2003, the traffic impact statement would have to be changed to indicate a buildout date of 2004. It would then have to be submitted to the City. The City would transmit it to the Palm Beach County Traffic Division for their review and a new letter of approval that could be used to obtain the building permit. Motion Mr. Tillman moved to approve the request for an extension of one year for the major site plan modification approval granted on May 21, 2002 to May 21, 2004, subject to all Staff Conditions of Approval. Ms. Hoyland seconded the motion that carried unanimously. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 B. Code Review 1. Project: Agent: Description: Docks Extending into Waterway City Initiated Request to amend Chapter 2, Zoning, Section 4.J limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies. Don Johnson, Building Official, explained that at the request of the City Manager, he had consulted with Permitting staff and the City Attorney's office to discuss revising Chapter 2, Section 4.J.15 of the Land Development Regulation to limit encroachment by docks into City waterways. That section currently allows docks to project into a waterway up to one-third of the navigable width of the waterway. So that the City can remain consistent with the other concerned regulatory agencies, the City is proposing to change the allowable encroachment from one third of the width of the waterway to one fourth of the width of the waterway. The existing ordinance terms could cause a serious lessening of the navigable space in the waterway if two neighbors lived across from each other on the waterway and used the now allowable 1/3 encroachment distance into the waterway. The Board discussed how the proposed change would affect the citizens. A one-quarter requirement would possibly limit the size of a boat that could be moored perpendicular to the dock. Mr. Rumpf stated that a person could start out with a 17-foot boat that they could park parallel to the dock. Then, they might get a 21-foot boat that requires mooring piles, which would extend the encroachment 35-40 feet into the waterway. The policy would apply citywide and not just in the CRA area. There would be a grandfather provision that would protect the homeowners now affected. No one would be negatively affected unless he or she had put in a dock without benefit of a permit. Motion Ms. Hoyland moved to approve the proposed change to the ordinance concerning docks as noted in the Staff Report baCkup material. Mr. Tillman seconded the motion. Mr. DeMarco wanted Mr. Johnson to report back to the Board with status on the issue after a certain period of time. Ms. Hoyland did not wish to change the motion. Mr. Fenton had been under the impression that the item was merely for informational purposes. The motion passed 5-1, Mr. Fenton dissenting. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 C. Comprehensive Plan Text Amendment 1. Project: Comprehensive Plan Text Amendment (CPTA 02-002) Remedial Amendments City Initiated Request to amend Future Land Use Element Policy 1.16.1 by adding ranges of allowable percentages of land uses within the Mixed Use (MX) and Mixed Use- Core (MX-C) land use categories. The action is required by the Florida Department of Community Affairs in order to find the cycle 03-01 plan amendments "in compliance." Agent: Description: Dick Hudson, Senior Planner, presented the Staff Report on this topic. The proposed amendments relate to the Mixed Use and Mixed Use Core land categories. The amendments call out the uses in each area and the ranges of allowable percentage of land use within each area. In Mixed Use it is Residential: 70% - 90% and Commercial (including office development): 10% - 30%. In Mixed Use Core it is Residential: 30% - 70% and Commercial (including office development): 30% - 50%. Each amendment had the notation: The cumulative development in these areas shall be monitored annually to ensure that the proportion of mixed uses is maintained Staff recommended adoption of the proposed remedial amendments. Mr. Fisher asked for a yearly update of the status of each type of land use. Mr. Hudson stated that the City would have the applicant supply the information with each approval. Ms. Hoyland asked what items were included with the Comp Plan amendment on June 17, 2003 in addition to the text amendments. She asked if there were a project driving those text amendments. Mr. Hudson replied stated that they were trying to get a Mixed Use Core area with a higher density. At that time, the highest density they could have was 40 units an acre and they wanted to establish the 80 units an acre for the downtown. Chair Finkelstein opened the Public Audience. Bob Foot, 760 E. Ocean Avenue, Boynton Beach, was concerned that the proposed limitations on residential and commercial would prevent Coastal Towers from applying and getting Mixed Use Status, because they were 100% residential and the new regulations would state 90% residential. Mr. Hudson responded that the 90% applied to a large area and not just a specific complex. Also, if Mr. Foot got the majority of the homeowners in the property to come forward, pay the money, make the request, and provide the City with the necessary documentation and studies, the City would pursue it for them. Chair Finkelstein closed the Public Audience. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 Ms. Hoyland asked for assurance that the CRA could go over the 30% Commercial in the Mixed Use and 50% in the Mixed Use Core, if they so desired. Mr. Hudson stated that the DCA would monitor such activity but that it was an option. Motion Mr. Tillman moved to approve the City's request to amend the Future Land Use Element Policy 1.16.1, (CPTA 02-002). Mr. Fisher seconded the motion that carried unanimously. VII. Director's Report A. Updates Mr. Hutchinson reported that there would be some initial design concepts from the design build team on the Boynton Beach Boulevard Extension and Promenade for the next meeting. Staff will get these out to the Board in sufficient time for them to make comments or have a workshop, if so desired. VIII. Old Business A. Consideration of the Revised RFP to RFQ for Financial Services Susan Vielhauer, Controller, made a request that consideration of the Payment to Anderson & Carr be moved up to the first item under New Business, (after the current item was resolved), since there was a representative in the audience from Anderson & Carr. This met with the Boards approval Chair Finkelstein commented that on page 3302, in section 3-2, Background Information, the position of Administrative Assistant had been left out. Mr. Fisher suggested using more generic language as to staff. Mr. Hutchinson stated that they could say staff rather than calling out individual positions or simply take the section out entirely since it was only informational. Chair Finkelstein also questioned whether the timeframe should be included on page 3307 since it was only a Request for Qualifications. Ms. Payne stated that if the timeframe was too short, it could just be taken out. Ms. Hoyland pointed out that on page 3307,5-3, that Finial Selection should be "Final" Selection. Motion Mr. Fisher moved to approve the Revised RFQ for Financial Services as presented by staff and as amended by the Board. Ms. Hoyland seconded the motion that carried unanimously. The Board proceeded to discuss Item IX. F under New Business, Consideration of payment to Anderson & Carr. Mr. Hutchinson explained that on April 10, 2003, the eRA had approached Anderson & Carr, the sole source supplier for an appraisal of two 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 properties held by the Congregational United Church of Christ, Inc. done in December of 2001, with a request to update the appraisals that they had provided. Anderson & Carr proceeded to do completely new appraisals, without authorization, for reasons they detailed in a letter to the CRA. The cost of the new appraisals necessitated review and approval by the Board since it was higher than the dollar amount that could be sole sourced and would have required competitive bids, according the procurement policies and procedures of the CRA. For this reason, Chair Finkelstein did not believe he could sign the check. The CRA was unaware that Anderson & Carr had done a completely new appraisal until they were presented with a bill and the appraisal(s). Staff believed they would be receiving an update for $800 to $1,500 and not new appraisals. Mr. Hutchinson believed that Anderson & Carr had assumed a meaning for the word "update" and proceeded based on that assumption, which was incorrect. In spite of this lack of communication, Mr. Hutchinson recommended approval of the invoice. Robert Banting, president of Anderson & Carr, Inc., where he had worked for the last thirty years as a real estate appraiser, explained that he did not recall that his firm had ever given a quotation for an update. Due to zoning changes and the length of time that had elapsed from the first appraisals, it was necessary to undertake a good deal of work. The invoice is in line with what their firm charges for appraisals to other municipalities and public entities in the surrounding area. Mr. Hutchinson reiterated that the work had been acceptable and that there was no question of Anderson & Carr's qualifications. Various Board members echoed this sentiment and adding thanks for the firm's efforts. Mr. Tillman expressed the belief that the CRA had entrusted the Director and Staff to manage this type of transaction and that it sounded to him as if their hands were tied. He believed that this gave an appearance of micro-management that he did not believe was appropriate. Motion Mr. Fisher moved to approve payment of the invoice from Anderson & Carr in the amount of $4,500. Mr. Tillman seconded the motion. The motion passed 5-1, Mr. Fenton dissenting. Mr. Fisher suggested that a courtesy call to verify the price of the appraisal(s) and the establishment of an understanding on what "update" meant would have been in order in this matter and should be done in the future, particularly while the CRA is new. Mr. Fenton thought that everyone had missed the pOint and that Anderson & Carr had exceeded its authority by doing completely new appraisal(s) rather than an update. This is why he voted against the motion. Chair Finkelstein thought that a purchase order stating a price of $800 to $1500 should have been initiated at the time of the request to Anderson & Carr. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 IX. New Business A. Consideration of Approval of RFQ for Legal Services Staff recommended approval of the RFQ for Legal Services and announced its plan to run a Legal Notice in the newspapers on August 17, 2003 and August 24, 2003. A lengthy discussion ensued about this topic. The Board did not believe it had asked for an RFQ but merely a discussion of the matter. It was agreed that there might be times when the CRA would have need of specific advice from legal counsel other than that provided by the current Board Attorney. Mr. Hutchinson maintains a list of attorneys in different legal specialties and the current Board Attorney's office does this as well. Motion Mr. Fenton moved to approve the RFQ for legal services. Mr. DeMarco seconded the motion that failed 2-4, Chair Finkelstein, Mr. Rsher, Ms. Hoyland, and Mr. Tillman dissenting. Motion Mr. Fisher moved to direct staff to work with the appropriate parties to produce a list of potential candidates in specific legal specialty areas that the CRA might need in the future. Ms. Hoyland seconded the motion that passed unanimously. B. Consideration of Approval of Construction Management Company for the Boynton Beach RiverWalk Promenade Extension Project Mr. Hutchinson stated that after consideration of the three candidates submitted by Burkhardt Construction, Inc. (Burkhardt hereafter), staff is recommending Jonathan T. Ricketts, Inc. as the "construction overseer" for the engineering and construction work of Burkhardt on the stated project. Chair Finkelstein explained that the CRA Burl<h;:m:lt would be hiring Jonathan T. Ricketts, Inc., who will serve the CRA by verifying that the construction and engineering tasks performed by Burkhardt have been performed correctly and according to contract. Mr. Fenton suggested that Mr. Ricketts would be a sort of ombudsman for the CRA. Motion Mr. Tillman moved to authorize the hiring of Jonathan T. Rickets, Inc. as the construction overseer for the engineering and construction tasks performed by Burkhardt Construction, Inc. for the Boynton Beach RiverWalk Promenade Extension project. Mr. Fenton seconded the motion that passed unanimously. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 C. Consideration of Selection Committee for the Savage Creatures of Ancient Seas RFQ Mr. Hutchinson provided a list of candidates for the Selection Committee and the Board discussed the various candidates. Mr. Fisher suggested representation from the County level since this would be a regional destination, and the Board concurred. Motion Mr. Tillman moved to approve the Selection Committee as presented by the CRA Director. Mr. Fenton seconded the motion that passed unanimously. X. Other Items A) Discussion of Purchasing Policies and Procedures Mr. Tillman opened a discussion of the Director's discretionary allowance for purchases. He asked for a description of the guidelines on this point. Chair Finkelstein stated that the Director can approve up to $5K with three written quotes, $2K with three verbal quotes, and less than $500 with no quotation. Mr. Tillman felt he should be given more leeway to do his job. Mr. Fisher stated that it takes money to do quotes and while everyone wants to get a lower price on things, he thought it was important to remain flexible and able to act expeditiously when the need arises. He hoped that the Board had enough faith in the CRA Director to say, "Use your best judgment - don't waste any money." The Director could provide the Board with a monthly report of expenditures. Chair Finkelstein stated that the Board had that now and that there was a budget and a financial statement; however, every month there are overruns - situations where more money is required than was budgeted. The Board set the limit and could change it. He gave some examples of cases where there were overruns on budgeted items. Mr. Tillman believes that the Board should place more trust in the Director and staff and cease the current micromanagement. Mr. Hutchinson stated that Chair Finkelstein was right since, technically, the purchasing policies either need to be changed or staff had to continue to present items to the Board for approval that exceed the guidelines. He explained the ups and downs of making adjustments in the CRA budget in terms of actual experience. He mentioned also that there were a number of large line items on which they had come in under budget but that certain operational expenses had been a problem, such as printing. He thanked Chair Finkelstein for the large amount of time he spends on the CRA budget to see that the process runs smoothly. Chair Finkelstein confirmed with Mr. Hutchinson that he would be presenting the last quarterly budget adjustment before the new fiscal year at the next meeting. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida August 12, 2003 The consensus among the Board was to table this item and discuss it at the next meeti ng. B) Proposed Language Changes for the Procurement Manual (from Consent Agenda item C) Chair Finkelstein said that he had pulled this item from the Consent Agenda because it was not clear to him how much could be charged on a credit card. In the case of business luncheons for example, he asked whether the $500 per purchase ceiling was per luncheon, per meeting, or per month. Since this item is similar to the previous one, the Board decided to table it as well. Motion Mr. Fisher moved to table former Consent Item C (Other Items B) until the next Board meeting. Mr. Tillman seconded the motion that carried unanimously. Land Use Controls Mr. Fisher asked if the Board could request that the cities look into land use controls. Chair Finkelstein stated that the lobbyist was already pursuing that on behalf of the City. Mr. Hutchinson requested that the Board members leave their design packets on the dais when leaving the meeting. XI. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 8:35 p.m. Respectfully submitted, s;.;riU (~1' I Susan Collins Recording Secretary (081803) 11